J1 Hardship Waiver 2021-2022 Timeline

[Wyboxcx 49]

On 5/24/2023 at 12:22 PM, Timotheus_X said:

@PeterW thanks for your comment! For the March case you are referring to, do you know if this was a spontaneous decision by DoS, or if the applicant filed a Writ of Mandamus suit? I am seriously considering that now.

According to the person who filed that case they didn't use an attorney and they did not expedite, but I heard they have a strong case (hardship to US citizen child). Regardless, it is strange that DOS decides on a case filed in march 2022 while cases from 2021 are still pending... 

[Wyboxcx 49]

32 minutes ago, Fisha said:

Hello everyone, 

 

I am seeking your assistance. I submitted my exceptional hardship case to the Department of State (DOS) in March 2022, and it has been pending since then. I have some updates regarding my son's medical condition, which I believe can support my case and improve my chances of receiving favorable recommendations. 

I am wondering whether I should submit a completely new hardship case or just send an updated hardship statement to the DOS. 

I would be grateful for your insights and suggestions on this matter. Thank you.

Has your case already been forwarded to the DOS by USCIS? What do you mean submit a completely new hardship case??

[Fisha 3]

Yes my case was forwarded fro USCIS to DOS and has been pending since March 2022. I want to update my hardship statement, how should I proceed

[Wyboxcx 49]

Just now, Fisha said:

Yes my case was forwarded fro USCIS to DOS and has been pending since March 2022. I want to update my hardship statement, how should I proceed

It is possible to submit new evidence to DOS and they will accept and consider it, although they prefer you include everything with the initial filing. If you have new information I would send it to them. I definitely would not file a completely new hardship case as that would mean starting over and waiting all over again. 

[Motheus 1]

1 minute ago, Fisha said:

Yes my case was forwarded fro USCIS to DOS and has been pending since March 2022. I want to update my hardship statement, how should I proceed

As I understand it, the Department of State wants you to make your strongest case to USCIS from the outset. They don't respond very well to additional information.

Of course this makes no sense, because situations can (and do) evolve over time, especially given their long processing time.

 

It probably wouldn't hurt to mail your updated information to the waiver review division and hope it gets added to your file. That tends to be hit or miss. It wouldn't make sense to refile the hardship waiver seeing as they are taking up to 20 months (in some cases) to give a decision. If you have the ability to file for another type of waiver (like persecution or conrad), that would override your hardship application. All this is my own lay understanding!

[Fisha 3]

Thank you guys so much for your response. I really appreciate it!

[ErinK 35]

5 hours ago, Fisha said:

Yes my case was forwarded fro USCIS to DOS and has been pending since March 2022. I want to update my hardship statement, how should I proceed

You can email it to them with explanation of why you think the new information is important. Just make sure to clearly mention your email that you want these new documents to be added to your case. 

[Hardship-waiver 6]

please note: This is just a guess and no solid facts or information.

 

For those with gov funding:

 

I collected these cases from this thread and from the facebook group. I think there are two different offices or different officers who handle hardship cases. One for cases with gov funding and one for those who have no gov funding.

 

First, they take 4 months and up to 8 months to post i612/i613 on the portal for gov funding cases.

 

second, if you look at the time of requesting sponsor views, it’s usually a month after the one year mark of posting i612/i613. Then sponsor views could take a month to three maximum and a recommendation is issued within a month.

Again, this is just a guess of the pattern based on these cases and could be right or wrong. I’m  not sure about any of this.

As for  those who have no gov funding. I didn’t really look closely at past cases, but seems to be taking a month to 4 after the one year mark of i612/i613.

[PeterW 17]

On 5/25/2023 at 1:22 AM, Timotheus_X said:

@PeterW thanks for your comment! For the March case you are referring to, do you know if this was a spontaneous decision by DoS, or if the applicant filed a Writ of Mandamus suit? I am seriously considering that now.

Sorry, I have no idea about that. I think they are spontaneous desicions, as the waiting is aroung 1 year.

[lennikov 36]

On 5/25/2023 at 4:10 PM, Fisha said:

Hello everyone, 

 

I am seeking your assistance. I submitted my exceptional hardship case to the Department of State (DOS) in March 2022, and it has been pending since then. I have some updates regarding my son's medical condition, which I believe can support my case and improve my chances of receiving favorable recommendations. 

I am wondering whether I should submit a completely new hardship case or just send an updated hardship statement to the DOS. 

I would be grateful for your insights and suggestions on this matter. Thank you.

You have only one opportunity to update the DOS on your situation is when you submit Form DS-3035 after that the decision would be made on the circumstances that were at the point through Personal statement update. There is no meaningful way to update DOS on your case, you can send them an update letter but it most likely would not be filed to your case or considered. I know it's insane that decision was made based on circumstances that in some cases several years old, but it is the situation. I advise you against filing a new Hardships case first of all it will restart the waiting time adding another few years. Second if your case went through USCIS then there is finding of hardships and there is a possibility of DOS approving the case. Withdrawing the case (I'm not even sure if it can be withdrawn) and starting the process again would complicate things unnecessarily. 

[lennikov 36]

On 5/26/2023 at 1:33 AM, Hardship-waiver said:

First, they take 4 months and up to 8 months to post i612/i613 on the portal for gov funding cases.

 

second, if you look at the time of requesting sponsor views, it’s usually a month after the one year mark of posting i612/i613. Then sponsor views could take a month to three maximum and a recommendation is issued within a month.

Again, this is just a guess of the pattern based on these cases and could be right or wrong. I’m  not sure about any of this.

As for  those who have no gov funding. I didn’t really look closely at past cases, but seems to be taking a month to 4 after the one year mark of i612/i613.

It doesn't seems to have clear pattern exempt 12-18 months decision time on average overall. I was looking for a while at cases filed at different times. Some cases that were filed at the same day as mine have already been approved and some cases filed over the year earlier is still pending. If there is a system or order in how these cases are reviewed and decided I'm not sure if I see it. I did notice however that there is a tendency for rejected cases to have particularly long waiting time with over 20-24+ months in some cases, so if your case taking particularly long to decide it might be a bad sign that it will receive not favorable recommendation. However it is hard to say as with limited cases the pattern is hard to establish. 

[Wyboxcx 49]

Anyone know how long does it take for the DOS to update forms i-612/i-613 as received after USCSIS puts the case on hold and requests their opinion? I still don’t see it reflected on DOS website. 

[Magnet 12]

2 hours ago, Freidrichm said:

Anyone know how long does it take for the DOS to update forms i-612/i-613 as received after USCSIS puts the case on hold and requests their opinion? I still don’t see it reflected on DOS website. 

As with every other aspect of this crazy black box process, It varies greatly, some people it takes less than a week and others take 1-3 months. If it takes more than 3 months, I'd contact them and the USCIS to make sure the application wasn't lost. 

[surefire6 13]

I have finally filled for writ of mandamus about a month ago.

I have been waiting since sept of 2021 at DOS for an answer.

 

[SMARCA4 15]

17 minutes ago, surefire6 said:

I have finally filled for writ of mandamus about a month ago.

I have been waiting since sept of 2021 at DOS for an answer.

 

I wish you the very best! Waiting sine Nov 2021 and I know exactly how frustrating it is!

If I may ask, how much did it cost? How long did the lawyer take to file? And if you’re comfortable sharing lawyer’s name and contact info?

I am planning on doing the same and I would truly appreciate your help.